Appeal rejected by appellant for failing to produce stay extension order from Kerala High Court; other application dismissed.
Other application IA 287/2020 dismissed; appeal rejected.
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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
IA 287/2020 In
A.IR:59/2020
Gireesh Babu V/S A.O.,City Union Bank Ltd & Ors
06/07/2022
This matter is coming up today for production of stay order from Hon’ble High Court of Kerala, as appellant has not made pre-deposit ordered by this Tribunal on 4.10.2021.
Advocate for appellant filed a Memo stating that there was an interim stay in this case granted on 27.10.2021 and thereafter respondent bank appeared before Hon’ble High Court of Kerala and filed their counter and that stay was extended on 22.12.2021 by Hon’ble High Court of Kerala and subsequently there was a suo moto order of Hon’ble High Court of Kerala on 16.3.2022, by which, all interim orders were extended.
In reply to that, advocate for respondent bank submitted that suo moto order is not applicable to this case and in this case stay was extended on 22.12.2021 for a period of eight weeks and thereafter it was not extended and to support his argument, he has produced order copy dated 22.12.2021 and also ‘case status enquiry report’ dated 5.7.2022 of Hon’ble High Court of Kerala, according to which, this matter was listed on 22.12.2021 for admission. It is submitted that there is no extension of stay, therefore, appeal has to be rejected, by giving effect to the conditional order of this Tribunal dated 4.10.2021. It is further submitted that the memo filed by other side is with wrong facts.
Considering the submissions of both sides and considering the memos, as appellant failed to produce any extension order from Hon’ble High Court of Kerala and as record produced by bank advocate reveals that stay was only for eight weeks from 22.12.2021 and thereafter it was not extended, I have to accept the argument of advocate for respondent bank and accordingly appeal is rejected, by giving effect to the conditional order dated 4.10.2021.
Other application viz. IA 287/2020 (stay) is dismissed.
Sd/Chairperson
Gireesh Babu
A.O., City Union Bank Ltd
Chairperson
As recorded by the court registry
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